Landlord discrepancy on my credit for 6 years?

Question

Six years ago, I moved out of an apartment and I gave the manager a check for the last month's rent. I asked them to wait till I got paid the next week to cash it, but they didn't and the check bounced. Not only did the landlord charge me a late and a bounced check fee, I also had to pay the bank late fee. I sent him another check after I moved out (less the late fees he caused) and he didn't even cash the check and turned me into collections.

That was 6 years ago, and I am still getting mail and phone calls from the collection agency. I offered to just pay the amount if they would take it off my credit record, but they said they couldn't take it off. Plus they want me to pay interest.

Do I have any recourse here? or do I have to suck it up and just pay the darn thing.

Answer 1

kitkat,

Most items only stay on a credit report for 7 years with some exceptions like Govt. collections, Liens, etc. If it has been 6 years just wait another year and it will go away. Paying it will not help at all, nor will it do much to your credit score since it is such an old collection. It isn't hurting your current credit scores very badly at all either since it is so old. Just wait it out.

Answer 2

Unfortunately, you fail to see that this is your fault.  You can't give someone a check and say, don't cash it for a week.  That is not making a payment.

Answer 3

Your former landlord probably declined to deposit the check because you didn't include the late fees. If he had, that would have indicated his acceptance of the payment.

You made a decision six years ago not to pay late fees you didn't agree with. The calls you are getting today are direct result.

Frankly, you owed the late fees. You earned the damage to your credit. Now you owe the rent, late fees, and six years of interest. If you don't pay it, the calls and letters will continue.

No one's going to take this off your credit record. It deserves to be there. It's harsh, but it shows how little things can come back to haunt you.

Answer 4

Six years is a long time.  Google you state's Statue of Limitation laws.  The collection agency can still attempt to collect after the SoL expires, but they can't take you to court or garnish your wages.

Never admit anything to a collections caller.  Force the collection agency to prove the debt to you.  Dispute the collection in writing and request copies of the documents proving that you owe the debt.  Often collection agencies are unable to provide documentation -- especially when it has been this long.  

Writing a postdated check is bad idea.  Banks don't check dates and your landlord should not have accepted the payment.  You might be able to take the landlord to small claims for cashing the postdated check, but it depends on your state's laws regarding postdated checks and SoL.  By waiting so long to resolve the issue, you may have forfeited your right to dispute the allegation.

The late fee is appropriate if the check date was past the due date.  

Not sure why you think the credit bureaus should remove a legitimate collection record.  As a property manager, I would certainly want to know about an applicant who took six years to pay a legitimate collections.

Answer 5

Tell them the statute of limitations ran out 2 years ago and wait a year for it to fall off, again do not admit to the debt, you paid it prove that you did not, they will not be able to

Answer 6

Your first mistake was writing a check...that in a legal since was bad...a felony in some states(YES..it's illegal to write a post dated check).  Your second mistake was making good on the check..less late fees.  

Sounds like you were sued..loss..and now have a judgment against you.

Answer 7

Do you have proof you sent the second check, like that you sent it certified mail or something? Otherwise, it’s your word against his, so a case would be hard to argue.